COMMONWEALTH v. TANG

No. 04-P-964.

66 Mass. App. Ct. 53 (2006)

COMMONWEALTH vs. JOHN TANG.

Appeals Court of Massachusetts, Middlesex.

April 11, 2006.


Attorney(s) appearing for the Case

Susan E. Taylor for the defendant.

Benjamin Bejar, Assistant District Attorney, for the Commonwealth.

Present: LENK, DUFFLY, & KATZMANN, JJ.


LENK, J.

The issues on appeal arise from the admission in evidence of certain statements that a young boy — the defendant's son — made to a police officer in the immediate aftermath of a shooting. That shooting took place in the boy's family home and involved both his father and his uncle. The boy was not called to testify at trial. Instead, his statements were admitted over objection through the officer's testimony under the spontaneous utterance exception...

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